Green v. Hutchinson
Supreme Court of Georgia
Petition for injunction. Before Judge Mitchell. Colquitt superior court. January 26, 1907. Green and others, residents of Hatsfield school district of Colquitt county, by their petition for injunction against Hutchinson, tax-collector of that county, alleged, that in pursuance of the provisions of the act of the General Assembly approved August 23, 1905 (Acts 1905, p. 425), the citizens of that district, on February 27, 1906, held an election, which resulted in a vote…
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Petition for injunction. Before Judge Mitchell. Colquitt superior court. January 26, 1907. Green and others, residents of Hatsfield school district of Colquitt county, by their petition for injunction against Hutchinson, tax-collector of that county, alleged, that in pursuance of the provisions of the act of the General Assembly approved August 23, 1905 (Acts 1905, p. 425), the citizens of that district, on February 27, 1906, held an election, which resulted in a vote favorable to the levy of a local tax for public schools in the district, but that the act had been held unconstitutional…
1Opinion of the CourtBeck, J.
1. “The third and fourth sections of the act approved August 23, 1905 (Acts 1905, p. 425), providing for the levying and collection of a local tax by school districts laid off in the manner prescribed, are inoperative, inasmuch as the method provided for the assessment of the tax is antagonistic to art. 7, see. 2, par. 1, of the constitution.” Brown v. Southern Ry. Co., 125 Ga. 772.
2. A legislative act of a general nature, and intended to have uniform operation throughout the State, duly adjudicated to be unconstitutional and inoperative, can not be given effect in any part or subdivision of…
2Cases cited3 opinions
- Boston & Gunby v. CumminsSupreme Court of Georgia · 1854
- Wellborn v. EstesSupreme Court of Georgia · 1883
- Brown v. Southern Railway Co.Supreme Court of Georgia · 1906
3Cited by16 opinions
- McIntyre v. HarrisonSupreme Court of Georgia · 1931
- Smith v. City Council of AugustaSupreme Court of Georgia · 1948
- Harris Orchard Co. v. TharpeSupreme Court of Georgia · 1933
- Southeastern Greyhound Lines Inc. v. City of AtlantaSupreme Court of Georgia · 1933
- Fulton Trading Co. v. BaggettSupreme Court of Georgia · 1926
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